Fast forward to yesterday. In a move that surprised everyone, said absolutely no one, the DOJ issued this memo in which it posited that Title VII of the Civil Rights Act of 1964, the federal workplace anti-discrimination law, does not protect transgender workers from discrimination based on their gender identity per se.

According to Sessions, “Title VII expressly prohibits discrimination ‘because of… sex’ and several other protected traits, but it does not refer to gender identity.”

Although Sessions noted that “nothing in this memorandum should be construed to condone mistreatment on the basis of gender identity,” it didn’t stop the DOJ from pulling the rug out either.

Fortunately, Title VII protections against sex stereotyping remain. Plus, many states and localities have laws expressly prohibiting discrimination based on LGBT status. And the EEOC continues to take the position that Title VII does prohibit discrimination based on sexual orientation and gender identity.

CONTRIBUTOR:

Eric B. Meyer

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